Family of man who was zapped with stun gun at father's funeral receives settlement

Published: Wednesday, April 3, 2013 at 4:57 p.m.

Last Modified: Wednesday, April 3, 2013 at 7:18 p.m.

Five years ago, New Hanover County sheriff’s deputies zapped a pallbearer with a taser as he loaded his father’s coffin into a hearse. Now, that man’s family has settled for $80,000 a claim that the episode caused severe emotional distress and amounted to an invasion of privacy.

The settlement, which came to light on Wednesday in a memorandum circulated among senior county officials, brings resolution to a long-running legal battle and averts a potentially costly federal jury trial. Because it was reached between the family and the insurance company, the county does not incur any of the cost, though it did pay a multi-thousand-dollar insurance deductible when the lawsuit was first filed.

“That was an unfortunate situation all the way around for both parties and I’m glad it’s resolved,” said New Hanover County SheriffEd McMahon, who was then second-in-command at the sheriff’s office and one of five deputies disciplined in the case, on Wednesday.

Deputies showed up to arrest the pallbearer, Gladwyn Taft Russ III, at his father’s funeral on an outstanding warrant for communicating threats after he reneged on a promise to turn himself in. Originally, the plan called for deputies to arrest Russ immediately after the funeral, but sheriff’s officials said a miscommunication led to them moving in earlier.

The sheriff’s office obtained the warrant in August 2008 after Russ allegedly made threats against his estranged wife. But deputies didn’t catch up to him until early November of that year. And instead of arresting him, they negotiated for Russ, then 42, to turn himself in two days later because his father had an upcoming surgery.

Two days came and went, and Russ never showed, leading deputies to believe he fled the state. But Russ phoned a few days later, pleading to let him report to the sheriff’s office after the Nov. 18 funeral for his father, who had died Veteran’s Day.

Now, though, deputies had lost trust in him. So they hatched a plan to discreetly take him into custody at his father’s funeral at Andrews Mortuary Valley Chapel at 4108 S. College Road.

Two deputies arrived wearing suits and ties, blending in with the crowd of mourners gathered there to pay respect to the father, 70-year-old Gladwyn Taft Russ Jr.

As the younger Russ helped load the casket into the hearse, the deputies grabbed him by the arm and kneed him in the back of the leg. Russ resisted, hollering, cussing and spitting as deputies tried to restrain him. At one point, they shocked him with a stun gun.

No one else knew what was happening. Confusion ensued. People cried. One of the deputies’ guns fell out its holster during the chaos and bounced on the asphalt. “We almost dropped the casket,” Russ’ brother-in-law told the StarNews afterward.

The frenzy caused such alarm that family and friends went home instead of following the procession to the cemetery, where Russ’ father was buried with military honors. He served in the Navy. The episode drew apologies from sheriff’s officials, who acknowledged the poor timing. Still, Russ’ mother, Peggy Russ, and sister, Taffy Gause, sued then-sheriff Sid Causey and the five deputies involved, including McMahon, the following year, demanding hundreds of thousands of dollars in damages. The case had been set for trial on March 18 before the county’s insurance company reached the settlement and a judge dismissed the suit.

Russ’ communicating threats charge was later dismissed when the woman failed to show up for court. Charges of assault and resisting arrest also were thrown out as part of an agreement in which Russ pleaded guilty to the most serious offense facing him – possession of a firearm by a felon.

He is currently imprisoned, scheduled for release on May 7, according to the N.C. Department of Public Safety.

<p>Five years ago, New Hanover County sheriff's deputies zapped a pallbearer with a taser as he loaded his father's coffin into a hearse. Now, that man's family has settled for $80,000 a claim that the episode caused severe emotional distress and amounted to an invasion of privacy. </p><p>The settlement, which came to light on Wednesday in a memorandum circulated among senior county officials, brings resolution to a long-running legal battle and averts a potentially costly federal jury trial. Because it was reached between the family and the insurance company, the county does not incur any of the cost, though it did pay a multi-thousand-dollar insurance deductible when the lawsuit was first filed. </p><p>“That was an unfortunate situation all the way around for both parties and I'm glad it's resolved,” said <a href="http://www.starnewsonline.com/section/topic9932"><b>New Hanover County Sheriff</b></a> <a href="http://www.starnewsonline.com/section/topic79"><b>Ed McMahon</b></a>, who was then second-in-command at the sheriff's office and one of five deputies disciplined in the case, on Wednesday.</p><p>Deputies showed up to arrest the pallbearer, Gladwyn Taft Russ III, at his father's funeral on an outstanding warrant for communicating threats after he reneged on a promise to turn himself in. Originally, the plan called for deputies to arrest Russ immediately after the funeral, but sheriff's officials said a miscommunication led to them moving in earlier. </p><p>The sheriff's office obtained the warrant in August 2008 after Russ allegedly made threats against his estranged wife. But deputies didn't catch up to him until early November of that year. And instead of arresting him, they negotiated for Russ, then 42, to turn himself in two days later because his father had an upcoming surgery. </p><p>Two days came and went, and Russ never showed, leading deputies to believe he fled the state. But Russ phoned a few days later, pleading to let him report to the sheriff's office after the Nov. 18 funeral for his father, who had died Veteran's Day. </p><p>Now, though, deputies had lost trust in him. So they hatched a plan to discreetly take him into custody at his father's funeral at Andrews Mortuary Valley Chapel at 4108 S. College Road. </p><p>Two deputies arrived wearing suits and ties, blending in with the crowd of mourners gathered there to pay respect to the father, 70-year-old Gladwyn Taft Russ Jr. </p><p>As the younger Russ helped load the casket into the hearse, the deputies grabbed him by the arm and kneed him in the back of the leg. Russ resisted, hollering, cussing and spitting as deputies tried to restrain him. At one point, they shocked him with a stun gun. </p><p> No one else knew what was happening. Confusion ensued. People cried. One of the deputies' guns fell out its holster during the chaos and bounced on the asphalt. “We almost dropped the casket,” Russ' brother-in-law told the StarNews afterward. </p><p>The frenzy caused such alarm that family and friends went home instead of following the procession to the cemetery, where Russ' father was buried with military honors. He served in the Navy. The episode drew apologies from sheriff's officials, who acknowledged the poor timing. Still, Russ' mother, Peggy Russ, and sister, Taffy Gause, sued then-sheriff Sid Causey and the five deputies involved, including McMahon, the following year, demanding hundreds of thousands of dollars in damages. The case had been set for trial on March 18 before the county's insurance company reached the settlement and a judge dismissed the suit. </p><p>Russ' communicating threats charge was later dismissed when the woman failed to show up for court. Charges of assault and resisting arrest also were thrown out as part of an agreement in which Russ pleaded guilty to the most serious offense facing him – possession of a firearm by a felon. </p><p>He is currently imprisoned, scheduled for release on May 7, according to the N.C. Department of Public Safety. </p><p><a href="http://www.starnewsonline.com/section/topic9904"><b>Brian Freskos</b></a>: 343-2327</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @BrianFreskos</p>